TNAG-0451-FCO40-516-Legislation-for-labour-tribunals-in-Hong-Kong-1974 — Page 11

C.S. 166

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(i)

defamation;

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XCC(74)51

(ii) the loss of services of a woman or girl in consequence of her rape or seduction;

(iii) the inducement of one spouse to leave or

remain apart from the other; and

(iv) relator actions;

(c) matrimonial causes (for example, separation,

maintenance, custody of children, disputes over property between husband and wife);

(d) matters over which the Labour Tribunal exercises

jurisdiction.

Further deatiled consideration will be given to the jurisdiction of the Tribunal when the necessary legislation is being drafted.

Procedure

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It is recommended that the procedure of the proposed Tribunal should be similar in certain major respects to that of the Labour Tribunal. The hearings should be as informal as possible and be accessible to the public, except when both parties agree that they should be heard in private. Proceedings should be on an inquisitorial rather than an adversary basis, and an Adjudicator would be expected to adopt a positive approach in determining cases rather than leaving the initiative to the parties concerned.

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Proceedings of the Tribunal would be conducted in the vernacular and in the Adjudicator's chambers not in a formally arranged courtroom. Again, like the Labour Tribunal, no legal representation would be permitted so that the proceedings can be kept simple, brief and inexpensive. Other relaxations of normal court procedure will be given detailed consideration when drafting instructions are being prepared. The legislation would provide for cases to be referred by the Adjudicators to the District Court either on their own initiative or at the request of one of the parties. Provision would also be made for an appeal to the District Court against the refusal by an Adjudicator to refer a case. In view of the provision enabling cases of complexity, principle or legal difficulty to be transferred to the District Court it is proposed to amend the jurisdiction of the District Court to exclude small claims falling within the jurisdiction of the Tribunal.

Staff

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Based on the figures in paragraph 10 above and on the experience both of the District Court and the Labour Tribunal it is

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